Rail Regulator consults on network code reforms to deliver better working relationships within the rail industry

11 March 2004
ORR/07/04

Rail Regulator consults on network code reforms to deliver better working relationships within the rail industry

The Rail Regulator, Tom Winsor, today published a consultation document seeking views on his proposals for radical reform of the network code – the common set of contractual rules for the operation and timetabling of the network and for changes to the network and trains used on it.

Mr Winsor said: “Network codes are common in all major utility sectors: gas, water and electricity. They govern the smooth working of those industries and are continually updated  and improved to take account of the changing environment.

“That is what is now needed in the rail industry which lags behind the other sectors.

“The network code is a key element of the legal and economic architecture of the industry.  I believe that a careful and thorough review of it will create a greater element of co-operative working between the different parts of the industry and lead to improved efficiency and performance across the network.

“The views of the industry will be important in helping to establish a programme of work and I will want to ensure that they are involved throughout.”
 
The consultation period ends on 19 April 2004.

Note for editors:

  1. The network code (formally the Railtrack Track Access Conditions) was established when Railtrack took over operation of the rail network on 1 April 1994.  It is a common set of rules applying to all parties to regulated access contracts with Network Rail.
  2. The code is incorporated by reference into, and therefore forms part of, each bilateral track access contract between Network Rail and an access beneficiary (usually a train operator).  In particular, the network code sets out the industry procedures governing the translation of access rights into the attribution of delay (Part B), the construction of the timetable (Part D), the contractual arrangements governing changes to the network and to trains used on the network (Parts F and G), and the arrangements applying to operational disruption (Part H).  The rules for the resolution of access disputes are annexed to the network code.
  3. The network code is also published as part of Network Rail’s network statement which is produced pursuant to Article 3 of Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification.
  4. The Regulator has now published model clauses for the bilateral passenger track access contracts, and draft model clauses for freight track access contracts, which are designed to encourage a partnership between the relevant parties.  It is therefore now appropriate to consider the other key element of the contractual relationship, the network code.
  5. The network code consultation document can be found as a related link on the right together with links to copies of the model clauses documents.  These documents are also available from the ORR Librarian, Sue MacSwan, 1 Waterhouse Square, 138-142 Holborn, London EC1N 2TQ, tel: 020 7282 2001, fax: 020 7282 2045, e-mail: rail.library@orr.gsi.gov.uk.

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